EXECUTIVE ORDER EO
84-07
SUPERSEDING EO
83-08
ESTABLISHMENT OF BOUNDARIES, ENTRY AND
OCCUPANCY RULES, AND THE ADMINISTRATION OF A
RESTRICTED ZONE SURROUNDING MT. ST. HELENS
The potential
for major eruptions, earthquakes, ashfall, and flash flooding associated
with Mt. St. Helens continues to exist throughout large portions of the state,
threatening more destruction of life, health, and property. These volcanic and
flash flood hazards necessitate the establishment of restricted areas
surrounding Mt. St. Helens that can be implemented by order of the Governor as
the level of hazard increases or decreases.
NOW, THEREFORE, I, John
Spellman, Governor of the state of Washington, by virtue of the power vested in
me under the provisions of chapter 43.06 RCW and chapter 38.52 RCW,
in order to help preserve and maintain the life, health, and property of
persons within the area described in the Proclamation of a State of Emergency
dated April 3, 1980, do take the following action:
I. Declaration of Mt. St.
Helens Hazard Zone 1 as a Restricted Zone
Based on
currently available scientific evidence and opinions, the area identified
herein as Mt. St. Helens Hazard Zone 1 is declared a Restricted Zone. Entry
into or occupancy of the area designated as Mt. St. Helens Hazard Zone I by any
person is prohibited except as provided in Section II of this Order.
II. Limited Exceptions to
Prohibition of Entry or Occupancy
The following
categories of persons, under the conditions specified below, are subject to
limited exceptions to the prohibition against entry or occupancy in the
Restricted Zone:
(A) U.S.
Geological Survey personnel who are
performing official duties related to scientific evaluation and hazard
assessments that require their presence in the Restricted Zone;
(B) U.S.
Forest Service personnel who are
performing official duties that require entry into the Restricted Zone;
(C) U.S.
Army Corps of Engineers personnel who are performing official duties that
require their presence in the Restricted Zone;
(D) Search
and rescue personnel registered or identified pursuant to RCW 38.52.010(5)
an official search and rescue missions within the Restricted Zone. The
sheriffs of Cowlitz and Skamania Counties or their designees
shall have the authority to approve entry and/or occupation by search and
rescue personnel;
(E) Federal,
state, county, and local law-enforcement and firefighting personnel whose
jurisdictions are within the Restricted Zone and who are on official business
within the Restricted Zone;
(F) Federal,
state, county, or local administrative personnel on official business within
the Restricted Zone;
(G) Individual(s)
who own and/or control real property, or personal property being used as
a residence, and whose official permanent residence is within the Restricted
Zone;
(H) Individual(s) with a legitimate business reason for being
within the Restricted Zone, as determined by the Director, Department of
Emergency Services, or his designee(s).
During
especially dangerous episodes of volcanic activity, these exceptions may be
further limited by the Director, Department of Emergency Services, or his designee(s).
Those persons
excepted above shall abide by such administrative rules for entry and occupancy
as may have been developed by the Department of Emergency Services and included
in the Washington Administrative Code.
III. Administration
Pursuant to RCW
38.52.050(3)(f), I hereby delegate to the Director,
Department of Emergency Services, or his designee(s),
the administrative authority vested in me by chapter 38.52 RCW.
Each individual
given permission to enter and/or occupy the Restricted Zone shall obtain a
special identification permit from the Washington State Department of Licensing
prior to entry into that zone. That permit must be carried on his or her person
at all times.
Prior to entry
and/or occupation of the Restricted Zone, each individual shall be required to
sign a "Waiver of Rights" form releasing and discharging the state of
Washington and all its political subdivisions, and their officers or agents or
employees, from all liability for any damages or losses incurred by that
individual while within the Restricted Zone or as a result of entering or
occupying that zone. The "Waiver of Rights" form shall be issued by
the Washington State Department of Licensing.
All persons are
advised of potential criminal penalties for violation of this Order, pursuant
to RCW 43.06.220 and RCW 38.52.150.
IV. Description of
Mt. St. Helens Hazard Zones
The following
zones are established for the purpose of identifying boundaries within which
restrictions by this Order are, or by subsequent orders may be, implemented as
volcanic and/or flash flood hazards around Mt. St. Helens increase or decrease.
MT. ST. HELENS HAZARD ZONE 1
Mt. St. Helens
Hazard Zone 1 is described as follows:
Beginning at the southeast
corner of the southwest 1/4 of the southeast 1/4 of Section 31, T
10N, R6E; thence west along the south line of Section 31 to the
shoreline of Spirit.Lake in Section 6, T9N, R6E, thence westerly along the north
shoreline of Spirit Lake to the intersection with the east section line of
Section 3, T9N, R5E; thence 750 feet westerly along the shoreline to the
intersection with a stream flowing from the west; thence westerly along said
stream course to a saddle located in the northwest 1/4 of Section 10, T9N,
R5E; thence southerly along the ridgeline to the ridgetop
in the southwest 1/4 of Section 10, T9N, R5E; thence westerly along the ridgeline
to the ridgetop in the southwest 1/4 of
Section 9, T9N, R5E; thence westerly along the ridgeline to the ridgetop
in the northwest 1/4 of Section 8, T9N, R5E; thence westerly to the ridgetop
in-the southwest 1/4 of Section 7, T9N, R5E; thence westerly along said ridgetop
to the Cowlitz-Skamania County line; thence
south to the southeast corner of Section 12, T9N, R4E; thence northwesterlv
to the west side of the Corps of Engineers Construction Camp, then
northwest to the northwest corner of Section 2, T9N, R4E; thence north along the east line
of Section 34, TION, R4E
to the intersection with the south side of Weyerhaeuser 3540 Road;
thence along the south side of the Weyerhaeuser 3540 Road to the south line of
Section 27, T10N, ME; thence westerly along said section line to its
intersection with the south side of Weyerhaeuser 3540 Road; thence westerly
along said Weyerhaeuser 3540 Road to Elk Rock in Section 32, TION,
R4E; thence along the west side of Weyerhaeuser 3540 Road
to the south side of Weyerhaeuser 3346 Road; thence northwesterly along the
south side of Weyerhaeuser 3346 Road in said Section 31 to its intersection
with the Weyerhaeuser 3381 Road; thence westerly along the south side of said
3381 Road to its intersection with the Weyerhaeuser 3208 Road in Section 25, T10N,
R3E; thence westerly along the south side of said
Weyerhaeuser 3208 Road to its intersection with the Weyerhaeuser 3200 Road in
Section 26, T10N, R3E; thence westerly along the south side of said
Weyerhaeuser 3200 Road to its intersection with the Weyerhaeuser 3100 Road in
Section 27, TION, R3E; thence northerly along the west side of said
Weyerhaeuser 3100 Road to its intersection with the north line of section 27; T10N,
R3E; thence westerly along the north
line of sections 27 and 28 T10N R3E
to the intersection with Hoffstadt Creek; thence westerly along
the north bank of Hoffstadt Creek to
the north highwater line of the impoundment of the Corps of
Engineers' debris retaining structure (commonly known as the N-1
debris dam); thence westerly along the north high-water line to its
intersection with the N-1 debris dam located in the north
half of Section 29, T10N, R3E;
thence southwesterly along the west fill base of the northerly segment
of the N-1 debris dam to its intersection with the natural high
ground; thence southwesterly to the north end of the west fill base of the
southerly segment (main structure); thence southerly along said fill base to
its intersection with the base of the high ground; thence westerly along the
base of the hill to its intersection with the Weyerhaeuser 3001 Road; thence
southerly and easterly along the east edge of the Weyerhaeuser 3001 Road to the
intersection of Weyerhaeuser Roads 3001 and 3000 in the south half of Section
32, T10N,
R3E; thence south and east along the
north edge of Weyerhaeuser Road 3000 continuing to the point where Weyerhaeuser
Road 3000 intersects with the north section line of Section 35, T9N, R4E;
thence east along the north section lines of
Section 35 and 36, T9N, R4E
and Section 31, T9N, R5E
to the intersection with Studebaker Creek on
the north line of said Section 31, T9N, R5E; thence southerly along the westerly side of
Studebaker Creek to the 4800 foot contour line of Mt. St Helens in Section 32, T9N, R5E; thence southerly and easterly and ;hen northerly
along the 4800 foot contour line to its intersection with Smith Creek in
Section 35, T9N, R5E; thence easterly along north side of Smith Creek to
its intersection with an easterly flowing stream in Section 25, T9N, R5E; thence northwesterly along the stream to intersection
with Forest Service Road 99 in Section 26, T9N, R5E; thence northerly along the west side of Road 99 to a ridgeline
located in the southwest 1/4 of Section 7, T9N, R6E; thence northeasterly along ridgeline to the
southeast corner of the southwest 1/4 of the southeast 1/4 of Section 31, T10N,
R6E, Willamette Meridian, Skamania
County, state of Washington and the point of beginning.
MT. ST. HELENS HAZARD ZONE 2
The Mt. St.
Helens Hazard Zone 2 is described as follows:
Beginning on the southerly
side of the Weyerhaeuser 2500 Road where it intersects the Gifford Pinchot
National Forest Boundary on the east line of Section 36, T11N,
R4E (Cowlitz/Skamania County
lines); thence west along the southerly side of Weyerhaeuser Road 2500 to its intersection with north line of Section 14, T10N,
R2E; thence westerly along the north line of Section 14 to
the northwest corner; thence northwesterly to the northwest corner of Section
10, TION,
R2E; thence west*along section lines to the
northwest corner of Section 8 T10N, R2E;
thence south along section lines to north edge of Weyerhaeuser 2410 Road
(Section 17, TION, R2E);
thence southeasterly along the north edge of Weyerhaeuser 2410 Road to the
intersection with the east edge of the Weyerhaeuser 2400 Road (Section 15, T10N,
RZE); thence southerly along the east
edge of the Weyerhaeuser 2400 Road to where it becomes the Weyerhaeuser 4200
Road (Section 4, T9N, R2E);
thence southwest along the east edge of the 4200 Road to its intersection with the northeast edge of the Weyerhaeuser 4600 Road
(Section 7, T9N,
R2E); thence southerly along the
northeast edge of the Weyerhaeuser 4600 Road to the Weyerhaeuser 4640 Road;
thence across the Weyerhaeuser 4600 Road to the east edge of the Weyerhaeuser
4640 Road (Section 16, T9N,
R2E); thence southerly along the east
edge of Weyerhaeuser 4640 Road to its intersection with the north edge of the
Weyerhaeuser 4100 Road (Section 17, T9N,
R2E); thence easterly along the north
edge of the 4100 Road to a point opposite the east edge of the Weyerhaeuser
5500 Road (Section 29, T9N,
R3E); thence south and east along the
east edge of the Weyerhaeuser 5500 Road to its intersection with the south line
of Section 14, T8N,
R3E; thence east along section lines to the southeast
corner of Section 13, T8N,
R3E; thence south along section lines to the intersection
with FDR 8117060 (Section 30, T8N, R4E);
thence easterly along the northerly side of FDR 8117060 to its
intersection with FDR 8117; thence across FDR 8117 to its easterly side; thence southerly along the
easterly side of said FDR 8117 to its. intersection with FDR 81 (Section 32, T8N,
R4E); thence easterly along the
northern edge of FDR 81 to its intersection with FDR 83 in Section 5, T7N,
R5E; thence easterly along the northern edge of FDR 83 to its intersection with the south line of Section
9, T8N, R6E; then easterly along section lines to the southeast
corner of Section 10, T8N,
R6E; thence northerly along section lines to
the northeast corner of Section 3, T8N,
ME; thence west to the southwest corner of Section 34, T9N, R6E; thence northerly along section lines to the southeast
corner of Section 16, TION, R6E; thence west along section lines to the intersection
with the southern edge of the Green River with the south section line of
Section 13, T10N,
R5E; thence westerly along the southern edge of the Green
River to its intersection with the Forest Service Boundary on the east section
line of Section 1, T10N,
R4E (Cowlitz/Skamania County
line); thence north along section lines to its intersection with the southern
side of Weyerhaeuser 2500 Road and the point of beginning.
MT. ST. HELENS HAZARD ZONE 3
The Mt. St.
Helens Hazard Zone 3 is described as follows:
Beginning at the southwest
corner of Section 31, Township 11 North, Range 2 East, just north of Kid
Valley, Cowlitz County; thence east to the northwest corner of Section 5, T10N, R2E; thence south along section lines to the southwest
corner of Section 8, T10N,
R2E; thence west to the northwest corner of Section 18, T10N, R2E; thence south along the west boundary of R2E to T7N,
R2E, Kalama River Road (Weyerhaeuser 6000
Line); thence easterly along said road to a point opposite the mouth of Arnold
Creek; thence southeasterly along Arnold Creek to its intersection with the
south line of Section 32, T7N,
R2E; thence east along the south boundary of T7N to the south one-fourth corner of
Section 33, T7N, R4E; thence north to the north one-fourth corner of said
Section 33; thence east to the southeast corner
of Section 28, T7N,
R4E; thence north to the east
one-fourth corner of said Section 28; thence east to the east one-fourth corner
of Section 27, T7N,
R4E; thence north to the northeast corner of said Section 27; thence east along section lines to the Skamania/Cowlitz
County line; thence south a2ong the Skamania Cowlitz
County line to the high-water line of the north shore of the Lewis River; thence northwesterly
along said high-water line to the high-water line of Yale Reservoir; thence
westerly along said high-water line to Cougar Creek; thence south to the
southerly high-water line of Yale Reservoir; thence northeasterly along said
high-water line to the south high-water line of the Lewis River; thence
easterly along the high-water line of the Lewis River to Swift Reservoir Dam;
then easterly along the south high-water line of Swift Reservoir to the center
of Section 35, T714, R6E; thence northeasterly through the southwest corner of
Section 25, T7N,
R6E to Forest Service Development Road (FDR)
N90; thence northeasterly along the
north edge of said FDR N90 to its intersection with
Quartz Creek in Section 18, T8N, R8E;
thence northerly upstream along Quartz Creek to its intersection with
Straight Creek; thence northerly along Straight Creek to its intersection with
U.S. Forest Service Boundary Trail No. One (1) located in the southwest
quarter of Section 17, T9N,
RSE; thence south-westerly, northerly and westerly along
said U.S. Forest Service Boundary Trail No. One (1) to its intersection with
the east line of Section 32, T10N, R7E; thence north along section lines to FDR
119, located in Section
17, THN, R7E; thence west along the south edge of said FDR
119 to its intersection with FDR 125, located in the west half (W-1/2)
of Section 19, T11N,
R7E; thence southerly along the south edge of said FDR
125 to its intersection with FDR 115, located in the west half (W-1/2)
of Section 24, T11N, R7E; thence
northwesterly along the south edge of said FDR 115 to its
intersection with the north line of Section 23, T11N, ME; thence west along the
section lines to the northwest corner of Section 19, T11N, R5E, (Wakeawasis Creek area); thence north
to the northeast corner of Section 13, THN, R4E; thence west along section lines to the northwest
corner of Section 18, THN, R3E; thence south to the northwest corner of Section 19, THN,
R3E; thence west along section lines to the northwest
corner of Section 19, T11N, R2E; thence south along section lines to the southwest
corner of Section 31, T11N,
R2E and the point of beginning.
V. Coordination with the U.S. Forest Service
(National Volcanic Monument)
The state of Washington
acknowledges the U.S. Forest Service authority under Federal statute to impose
its own restrictions within the areas of the Mt. St. Helens National Volcanic
Monument as established by PL 97-243. The U.S. Forest Service may
impose closures of U.S. Forest Service lands within the restricted areas
described in Section IV without concurrent closure by the state of Washington.
Prior Orders Superseded
This Executive
Order shall supersede all prior Executive Orders pertaining to Mt. St. Helens
restricted zones.
IN WITNESS
WHEREOF, I
have hereunto
set my hand and caused the seal of the State
of Washington to be affixed at Olympia
this 30th day of April A.D., Nineteen hundred and
eighty-four.
JOHN SPELLMAN
Governor of Washington
BY THE
GOVERNOR:
_________________________________
Assistant, Secretary of State
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